Acquirer(s)
- Nestle
Target(s)
- Pfizer Nutrition
Summary
Nestle proposed to acquire Pfizer Nutrition, a global infant nutrition business, from Pfizer Inc.Market definition
Please refer to the attached Public Competition Assessment.Competition analysis
Please refer to the attached Public Competition Assessment.Undertakings
Variation to Nestle Undertaking - on 17 April 2013, the ACCC consented to a variation to the Nestle section 87B Undertaking. The purpose of the Variation was to: (a) incorporate ring fencing measures in relation to information obtained by Nestle relating to a licence agreement Nestle would enter into with the Approved Purchaser; and (b) require Nestle to take all steps to ensure that any licence agreement entered pursuant to clause 5.4(b)(i) of the Nestle Undertaking does not terminate as a result of a breach of that licence agreement by Nestle, and to include a procedure for approval by the ACCC.Public competition assessment
| Document title | Date | |
|---|---|---|
| Public Competition Assessment - PDF version |
Undertakings
Timeline
| Date | Event |
|---|---|
ACCC commenced review under the Merger Review Process Guidelines. |
|
Closing date for submissions from interested parties. |
|
ACCC requested further information from the merger parties. ACCC timeline suspended. Former proposed decision date for announcement of ACCC's findings of 12 July 2012 delayed pending receipt of information requested. |
|
ACCC received further information from the merger parties following ACCC's request for information on 5 July 2012. ACCC timeline recommenced. |
|
ACCC timeline suspended at the request of Nestle to allow it to provide further information. Former proposed decision date of 23 August 2012 delayed. |
|
ACCC published a Statement of Issues outlining preliminary competition concerns. |
|
Closing date for submissions relating to Statement of Issues. |
|
ACCC timeline suspended to allow Nestle and the ACCC to continue negotiations on a draft s87B undertaking. Former proposed decision date of 11 October 2012 delayed. |
|
Draft s87B undertakings proffered by Nestle. ACCC commenced market inquiries. |
|
Closing date for submissions on the draft s87B undertaking from interested parties. |
|
ACCC timeline suspended at the request of Nestle to allow it to provide further information. Former proposed decision date of 25 October 2012 delayed. |
|
ACCC timeline recommenced. |
|
87B undertaking accepted by ACCC. |
|
ACCC announced it would not oppose the proposed acquisition. |